sign in sign up
<<
Home , Acetylfentanyl, Brorphine, Chloral betaine, Delorazepam, Dimethylamphetamine, Ethylmethylthiambutene

Sixty-seventh Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 5, 2021

SENATE BILL NO. 2059 (Judiciary Committee) (At the request of the State Board of Pharmacy)

AN ACT to amend and reenact subsection 18 of section 19-03.1-01 and sections 19-03.1-05, 19-03.1-07, 19-03.1-11, and 19-03.1-13 of the North Dakota Century Code, relating to the definition of marijuana and the scheduling of controlled substances; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Subsection 18 of section 19-03.1-01 of the North Dakota Century Code is amended and reenacted as follows: 18. "Marijuana" means all parts of the plant sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include: a. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; b. Hemp as defined in chapter 4.1 - 18.1; or c. A prescription approved by the United States food and drug administration under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355]. SECTION 2. AMENDMENT. Section 19-03.1-05 of the North Dakota Century Code is amended and reenacted as follows: 19-03.1-05. Schedule I. 1. The controlled substances listed in this section are included in schedule I. 2. Schedule I consists of the and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. 3. . Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their , , , salts, and salts of isomers, esters, and ethers, whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation: a. . b. . S. B. NO. 2059 - PAGE 2

c. . d. Alphameprodine. e. . f. . g. . h. Betameprodine. i. . j. Betaprodine. k. . l. . l.m. . m.n. . n.o. . o.p. . p.q. . q.r. . r.s. . s.t. . t.u. . u.v. . v.w. . w.x. . x.y. . y.z. . z.aa. . bb. . aa.cc. Levomoramide. bb.dd. . cc.ee. . dd.ff. MPPP (also known as 1-methyl-4-phenyl-4-propionoxypiperidine). ee.gg . S. B. NO. 2059 - PAGE 3 ff.hh. . gg.ii. . hh.jj. . ii.kk. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-acetoxypiperidine). jj.ll. . kk.mm. . ll.nn. . mm.oo. . nn.pp. . oo.qq. . pp.rr. . qq.ss. . rr.tt. . ss.uu. . tt.vv. . uu.ww. 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as U- 47700). vv.xx. 1-cyclohexyl-4-(1,2-diphenylethyl) (also know as MT-45). ww.yy. 3,4-dichloro-N-{[1-(dimethylamino)cyclohexyl]methyl}benzamide (also known as AH- 7921). zz. Zipeprol. xx.aaa. derivatives. Unless specifically excepted or unless listed in another schedule or are not FDA approved drugs, and are derived from N-(1-(2-Phenylethyl)-4-piperidinyl)-N- phenylpropanamide (Fentanyl) by any substitution on or replacement of the phenethyl group, any substitution on the ring, any substitution on or replacement of the propanamide group, any substitution on the anilido , or any combination of the above. Examples include: (1) N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide (also known as Acetyl-alpha-methylfentanyl). (2) N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2- phenylethyl)-4-(N-propanilido)piperidine (also known as Alpha-methylfentanyl). (3) N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also known as Alpha-methylthiofentanyl). (4) N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide (also known as Beta-hydroxyfentanyl). (5) N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide (also known as Beta-hydroxy-3-methylfentanyl). S. B. NO. 2059 - PAGE 4

(6) N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (also known as 3- Methylfentanyl). (7) N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also known as 3-Methylthiofentanyl). (8) N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide (also known as Para-fluorofentanyl). (9) N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide (also known as ). (10) N-(1-phenylethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (also known as Furanyl Fentanyl). (11) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N- phenylbutanamide (also known as Butyryl Fentanyl). (12) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide; N-[1- [2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide (also known as Beta-Hydroxythiofentanyl). (13) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as Acetyl Fentanyl). (14) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (also known as Acryl Fentanyl). (15) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (also known as Valeryl Fentanyl). (16) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known as 4- Fluoroisobutyryl Fentanyl). (17) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (also known as Ortho- fluorofentanyl, 2-Fluorofentanyl). (18) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (also known as Tetrahydrofuranyl Fentanyl). (19) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as Methoxyacetyl Fentanyl). (20) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (also known as Cyclopropyl Fentanyl). (21) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (also known as ). (22) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (also known as Cyclopentyl Fentanyl). (23) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (also known as Isobutyryl Fentanyl). (24) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known as Para- chloroisobutyryl Fentanyl). (25) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known as Para- methoxybutyryl Fentanyl). S. B. NO. 2059 - PAGE 5

(26) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known as Para- fluorobutyryl Fentanyl). (27) N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide (also known as 2'-fluoro Ortho-fluorofentanyl). (28) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide (also known as Ortho- methyl ). (29) N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (also known as Beta'- phenyl Fentanyl and Hydrocinnamoyl Fentanyl). (30) N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide (also known as Thiofuranyl Fentanyl). (31) (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (also known as Crotonyl Fentanyl). 4. derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: a. . b. . c. . d. methylbromide. e. Codeine-N-Oxide. f. . g. . h. . i. . j. (except hydrochloride salt). k. . l. . m. . n. . o. methylbromide. p. Morphine methylsulfonate. q. Morphine-N-Oxide. r. . s. . S. B. NO. 2059 - PAGE 6

t. . u. . v. . w. . 5. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term "" includes the optical, position, and geometric isomers): a. Alpha-ethyltryptamine, its optical isomers, salts, and salts of isomers (also known as etryptamine; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole). b. Alpha-methyltryptamine. c. 4-methoxyamphetamine (also known as 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine; PMA). d. N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl- 3,4()phenylamine, and N-hydroxy MDA. e. Hashish. f. (also known as 7-Ethyl-6, 6B, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9- methano-5 H-pyrido [1', 2':1,2] azepino (5,4-b) indole; Tabernanthe iboga). g. Lysergic diethylamide. h. Marijuana. i. Parahexyl (also known as 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- 6,6,9-trimethyl-6H- dibenzol[b,d]pyran; Synhexyl). j. Peyote (all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or its extracts). k. N-ethyl-3-piperidyl benzilate. l. N-methyl-3-piperidyl benzilate. m. . n. , meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant; excluding tetrahydrocannabinols found in hemp as defined in title 4.1chapter 4.1-18.1; such as the following: (1) Delta-1 cis or trans , and their optical isomers. Other names: Delta-9-tetrahydrocannabinol. S. B. NO. 2059 - PAGE 7

(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers. (3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.) o. , synthetic. It includes the chemicals and chemical groups listed below, including their homologues, salts, isomers, and salts of isomers. The term "isomer" includes the optical, position, and geometric isomers. (1) Indole carboxaldehydes. Any compound structurally derived from 1H-indole-3- carboxaldehyde or 1H-2-carboxaldehyde substituted in both of the following ways: at the of the indole ring by an , haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo ; and, at the of the carboxaldehyde by a phenyl, benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, pyrrolidinyl, piperazinyl, or propionaldehyde group whether or not the compound is further modified to any extent in the following ways: (a) Substitution to the indole ring to any extent; or (b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, pyrrolidinyl, piperazinyl, or propionaldehyde group to any extent; or (c) A nitrogen heterocyclic analog of the indole ring; or (d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring. (e) Examples include: [1] 1-Pentyl-3-(1-naphthoyl)indole - Other names: JWH-018 and AM-678. [2] 1-Butyl-3-(1-naphthoyl)indole - Other names: JWH-073. [3] 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole - Other names: JWH-081. [4] 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole - Other names: JWH- 200. [5] 1-Propyl-2-methyl-3-(1-naphthoyl)indole - Other names: JWH-015. [6] 1-Hexyl-3-(1-naphthoyl)indole - Other names: JWH-019. [7] 1-Pentyl-3-(4-methyl-1-naphthoyl)indole - Other names: JWH-122. [8] 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole - Other names: JWH-210. [9] 1-Pentyl-3-(4-chloro-1-naphthoyl)indole - Other names: JWH-398. [10] 1-(5-fluoropentyl)-3-(1-naphthoyl)indole - Other names: AM-2201. [11] 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole - Other names: RCS-8. [12] 1-Pentyl-3-(2-methoxyphenylacetyl)indole - Other names: JWH-250. [13] 1-Pentyl-3-(2-methylphenylacetyl)indole - Other names: JWH-251. S. B. NO. 2059 - PAGE 8

[14] 1-Pentyl-3-(2-chlorophenylacetyl)indole - Other names: JWH-203. [15] 1-Pentyl-3-(4-methoxybenzoyl)indole - Other names: RCS-4. [16] (1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole) - Other names: AM-694. [17] (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3- yl]methanone - Other names: WIN 48,098 and Pravadoline. [18] (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone -- Other names: UR-144. [19] (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone - Other names: XLR-11. [20] (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3- tetramethylcyclopropyl)methanone - Other names: A-796,260. [21] (1-(5-fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone -- Other names: THJ-2201. [22] 1-naphthalenyl(1-pentyl-1H-indazol-3-yl)-methanone -- Other names: THJ-018. [23] (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone - Other names: FUBIMINA. [24] 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl) indole - Other names: AM-1248. [25] 1-Pentyl-3-(1-adamantoyl)indole - Other names: AB-001 and JWH-018 adamantyl analog. (2) Indole carboxamides. Any compound structurally derived from 1H-indole-3- carboxamide or 1H-2-carboxamide substituted in both of the following ways: at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group; and, at the nitrogen of the carboxamide by a phenyl, benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group whether or not the compound is further modified to any extent in the following ways: (a) Substitution to the indole ring to any extent; or (b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group to any extent; or (c) A nitrogen heterocyclic analog of the indole ring; or (d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring. (e) Examples include: [1] N-Adamantyl-1-pentyl-1H-indole-3-carboxamide - Other names: JWH- 018 adamantyl carboxamide, APICA, SDB-001, and 2NE1. [2] N-Adamantyl-1-fluoropentylindole-3-carboxamide - Other names: STS- 135. S. B. NO. 2059 - PAGE 9

[3] N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide - Other names: AKB 48 and APINACA. [4] N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide - Other names: NNEI and MN-24. [5] N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3- carboxamide - Other names: ADBICA. [6] (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3- carboxamide - Other names: AB-PINACA. [7] N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 1H-indazole-3-carboxamide - Other names: AB-FUBINACA. [8] N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3- carboxamide - Other names: 5-Fluoro AB-PINACA and 5F-AB-PINACA. [9] N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3- carboxamide - Other names: ADB-PINACA. [10] N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- indazole-3-carboxamide - Other names: AB-CHMINACA. [11] N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H- indazole-3-carboxamide - Other names: ADB-FUBINACA. [12] N-((3s,5s,7s)-adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3- carboxamide - Other names: FUB-AKB48 and AKB48 N-(4-fluorobenzyl) analogN-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H -indazole-3- carboxamide - Other names: FUB-AKB48, FUB-APINACA, and AKB48 N-(4-FLUOROBENZYL). [13] 1-(5-fluoropentyl)-N-(quinolin-8-yl)-1H-indazole-3-carboxamide - Other names: 5-fluoro-THJ. [14] methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate - Other names: 5-fluoro AMB and 5F-AMB. [15] methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3- methylbutanoate - Other names: FUB-AMB, MMB-FUBINACA, and AMB-FUBINACA. [16] N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1 H-indazole-3-carboxamide - Other names: MAB-CHMINACA and ADB-CHMINACA. [17] Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate - Other names: 5F-ADB and 5F-MDMB-PINACA. [18] N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide - Other names: 5F-APINACA and 5F-AKB48. [19] Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3- dimethylbutanoate - Other names: MDMB-CHMICA and MMB-CHMINACA. [20] Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate - Other names: MDMB-FUBINACA. S. B. NO. 2059 - PAGE 10

[21] 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide - Other names: 4-CN-CUMYL-BUTINACA; 4-cyano- CUMYL-BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN -BINACA; SGT-78. [22] methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)- 3-methylbutanoate - Other names: MMB-CHMICA, AMB-CHMICA. [23] 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]-3- carboxamide - Other names: 5F-CUMYL-P7AICA. [24] ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate - Other names: 5F-EDMB-PINACA. [25] methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3- dimethylbutanoate - Other names: 5F-MDMB-PICA. [26] 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide - Other names: 5F-CUMYL-PINACA, SGT-25. [27] (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone - Other names: FUB-144. (3) Indole carboxylic . Any compound structurally derived from 1H-indole-3- or 1H-2-carboxylic acid substituted in both of the following ways: at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group; and, at the hydroxyl group of the carboxylic acid by a phenyl, benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group whether or not the compound is further modified to any extent in the following ways: (a) Substitution to the indole ring to any extent; or (b) Substitution to the phenyl, benzyl, cumyl, naphthyl, adamantyl, cyclopropyl, propionaldehyde group to any extent; or (c) A nitrogen heterocyclic analog of the indole ring; or (d) A nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring. (e) Examples include: [1] 1-(cyclohexylmethyl)-1H-indole-3-carboxylic acid 8-quinolinyl - Other names: BB-22 and QUCHIC. [2] naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate - Other names: FDU-PB-22. [3] 1-pentyl-1H-indole-3-carboxylic acid 8-quinolinyl ester - Other names: PB-22 and QUPIC. [4] 1-(5-Fluoropentyl)-1H-indole-3-carboxylic acid 8-quinolinyl ester - Other names: 5-Fluoro PB-22 and 5F-PB-22. [5] quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate - Other names: FUB-PB-22. S. B. NO. 2059 - PAGE 11

[6] naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate - Other names: NM2201 and CBL2201. (4) Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1- naphthyl) structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N- methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl) whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples include: (a) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane - Other names: JWH-175. (b) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane - Other names: JWH- 184. (5) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N- methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl)methyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples include: (5-(2-fluorophenyl)-1-pentylpyrrol-3- yl)-naphthalen-1-ylmethanone - Other names: JWH-307. (6) Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl- 2- piperidinyl)methyl, 2 (4 morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N- methyl-3-morpholinyl)methyl, or (tetrahydropyran-4- yl)methyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples include: E-1-[1-(1-Naphthalenylmethylene)- 1H-inden-3-yl]pentane - Other names: JWH-176. (7) Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl) structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N- methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not substituted in the cyclohexyl ring to any extent. Examples include: (a) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other names: CP 47,497. (b) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol - Other names: Cannabicyclohexanol and CP 47,497 C8 homologue. (c) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]- phenol - Other names: CP 55,940. (8) Others specifically named: (a) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names: HU-210. (b) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - Other names: Dexanabinol and HU-211. S. B. NO. 2059 - PAGE 12

(c) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4- benzoxazin-6-yl]-1-napthalenylmethanone - Other names: WIN 55,212-2. (d) Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone - Other names: CB-13. p. Substituted . This includes any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule, structurally derived from phenylethan-2- by substitution on the phenyl ring in any of the following ways, that is to say, by substitution with a fused methylenedioxy ring, fused furan ring, or fused tetrahydrofuran ring; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; or by substitution with two fused ring systems from any combination of the furan, tetrahydrofuran, or tetrahydropyran ring systems. (1) Whether or not the compound is further modified in any of the following ways, that is to say: (a) By substitution of phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups; (b) By substitution at the 2-position by any alkyl groups; or (c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups. (2) Examples include: (a) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (also known as -C or 2,5- Dimethoxy-4-chlorophenethylamine). (b) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (also known as 2C-D or 2,5- Dimethoxy-4-methylphenethylamine). (c) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (also known as 2C-E or 2,5- Dimethoxy-4-ethylphenethylamine). (d) 2-(2,5-Dimethoxyphenyl)ethanamine (also known as 2C-H or 2,5- Dimethoxyphenethylamine). (e) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-I or 2,5- Dimethoxy-4-iodophenethylamine). (f) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (also known as 2C-N or 2,5- Dimethoxy-4-nitrophenethylamine). (g) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (also known as 2C-P or 2,5- Dimethoxy-4-propylphenethylamine). (h) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2C-T-2 or 2,5-Dimethoxy-4-ethylthiophenethylamine). (i) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (also known as 2C-T-4 or 2,5-Dimethoxy-4-isopropylthiophenethylamine). (j) 2-(4-bromo-2,5-dimethoxyphenyl)ethanamine (also known as 2C-B or 2,5- Dimethoxy-4-bromophenethylamine). S. B. NO. 2059 - PAGE 13

(k) 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (also known as 2C-T or 4- methylthio-2,5-dimethoxyphenethylamine). (l) 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (also known as DOI or 2,5- Dimethoxy-4-iodoamphetamine). (m) 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (also known as DOB or 2,5-Dimethoxy-4-bromoamphetamine). (n) 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (also known as DOC or 2,5-Dimethoxy-4-chloroamphetamine). (o) 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (also known as 2C-B-NBOMe; 2,5B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2- methoxybenzyl)). (p) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2 - methoxyphenyl)methyl]ethanamine (also known as 2C-I-NBOMe; 2,5I-NBOMe or 2,5-Dimethoxy-4-iodo-N-(2- methoxybenzyl)phenethylamine). (q) N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxyphenyl)ethanamine (also known as -NBOMe or 3,4,5-trimethoxy-N-(2-methoxybenzyl)phenethylamine). (r) 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (also known as 2C-C-NBOMe; 2,5C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2- methoxybenzyl)phenethylamine). (s) 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine (also known as 2CB-5-hemiFLY). (t) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (also known as 2C-B-FLY). (u) 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-yl)ethanamine (also known as 2C-B-butterFLY). (v) N-(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-b']difuran- 4-yl)-2-aminoethane (also known as 2C-B-FLY-NBOMe). (w) 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (also known as bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY). (x) N-(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (also known as 2C-I-NBOH or 2,5I-NBOH). (y) 5-(2-Aminopropyl)benzofuran (also known as 5-APB). (z) 6-(2-Aminopropyl)benzofuran (also known as 6-APB). (aa) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (also known as 5-APDB). (bb) 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (also known as 6-APDB). (cc) 2,5-dimethoxy- (also known as 2,5-dimethoxy-a- methylphenethylamine; 2,5-DMA). (dd) 2,5-dimethoxy-4-ethylamphetamine (also known as DOET). (ee) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (also known as 2C-T-7). S. B. NO. 2059 - PAGE 14

(ff) 5-methoxy-3,4-methylenedioxy-amphetamine. (gg) 4-methyl-2,5-dimethoxy-amphetamine (also known as 4-methyl-2,5- dimethoxy-a-methylphenethylamine; DOM and STP). (hh) 3,4-methylenedioxy amphetamine (also known as MDA). (ii) 3,4-methylenedioxymethamphetamine (also known as MDMA). (jj) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha- methyl-3,4(methylenedioxy)phenethylamine, MDE, MDEA). (kk) 3,4,5-trimethoxy amphetamine. (ll) Mescaline (also known as 3,4,5-trimethoxyphenethylamine). q. Substituted . This includes any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e., ) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha- position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups. Examples include: (1) 5-methoxy-N,N-diallyltryptamine (also known as 5-MeO-DALT). (2) 4-acetoxy-N,N-dimethyltryptamine (also known as 4-AcO-DMT or O-Acetylpsilocin). (3) 4-hydroxy-N-methyl-N-ethyltryptamine (also known as 4-HO-MET). (4) 4-hydroxy-N,N- (also known as 4-HO-DIPT). (5) 5-methoxy-N-methyl-N-isopropyltryptamine (also known as 5-MeO-MiPT). (6) 5-methoxy-N,N-dimethyltryptamine (also known as 5-MeO-DMT). (7) Bufotenine (also known as 3-(Beta-Dimethyl-aminoethyl)-5-hydroxyindole; 3-(2- dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- dimethyltryptamine; mappine). (8) 5-methoxy-N,N-diisopropyltryptamine (also known as 5-MeO-DiPT). (9) Diethyltryptamine (also known as N,N-Diethyltryptamine; DET). (10) Dimethyltryptamine (also known as DMT). (11) Psilocyn. r. 1-[3-(trifluoromethylphenyl)]piperazine (also known as TFMPP). s. 1-[4-(trifluoromethylphenyl)]piperazine. t. 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine (also known as 5,6-Methylenedioxy-2- aminoindane or MDAI). u. 2-(Ethylamino)-2-(3-methoxyphenyl)cyclohexanone (also known as or MXE). v. Ethylamine analog of (also known as N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE). S. B. NO. 2059 - PAGE 15

w. analog of phencyclidine (also known as 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP). x. Thiophene analog of phencyclidine (also known as (1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienylanalog of phencyclidine; TPCP, TCP). y. 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (also known as TCPy). z. , , or any of the active ingredients of salvia divinorum. 6. . Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances having a effect on the central nervous system, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: a. Gamma-hydroxybutyric acid. b. . c. . d. (also known as Clonitrazolam). e. . f. . g. . h. . i. . 7. . Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a effect on the central nervous system, including its salts, isomers, and salts of isomers: a. (also known as 2-amino-5-phenyl-2-, or 4,5-dihydro-5-phenyl-2- oxazolamine). b. . c. Substituted . Any compound, material, mixture, preparation, or other product, unless listed in another schedule or an approved food and drug administration drug (e.g., buproprion, ), structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways: (1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide , whether or not further substituted in the ring system by one or more other univalent substitutents; (2) By substitution at the 3-position with an acyclic alkyl ; (3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or (4) By inclusion of the 2-amino nitrogen atom in a cyclic structure. S. B. NO. 2059 - PAGE 16

Some trade or other names: (a) 3,4-Methylenedioxy-alpha-pyrrolidinopropiophenone (also known as MDPPP). (b) 3,4-Methylenedioxy-N-ethylcathinone (also known as , MDEC, or bk- MDEA). (c) 3,4-Methylenedioxy-N-methylcathinone (also known as or bk- MDMA). (d) 3,4-Methylenedioxypyrovalerone (also known as MDPV). (e) 3,4-Dimethylmethcathinone (also known as 3,4-DMMC). (f) 2-(methylamino)-1-phenylpentan-1-one (also known as ). (g) 2-Fluoromethcathinone (also known as 2-FMC). (h) 3-Fluoromethcathinone (also known as 3-FMC). (i) 4-Methylethcathinone (also known as 4-MEC and 4-methyl-N-ethylcathinone). (j) 4-Fluoromethcathinone (also known as and 4-FMC). (k) 4-Methoxy-alpha-pyrrolidinopropiophenone (also known as MOPPP). (l) 4-Methoxymethcathinone (also known as ; bk-PMMA). (m) 4'-Methyl-alpha-pyrrolidinobutiophenone (also known as MPBP). (n) Alpha-methylamino-butyrophenone (also known as or MABP). (o) Alpha-pyrrolidinobutiophenone (also known as alpha-PBP). (p) Alpha-pyrrolidinopropiophenone (also known as alpha-PPP). (q) Alpha-pyrrolidinopentiophenone (also known as Alpha- pyrrolidinovalerophenone or alpha-PVP). (r) Beta-keto-N-methylbenzodioxolylbutanamine (also known as or bk- MBDB). (s) (also known as N-Ethylcathinone). (t) 4-Methylmethcathinone (also known as or 4-MMC). (u) . (v) N,N-dimethylcathinone (also known as ). (w) Naphthylpyrovalerone (). (x) B-Keto-Methylbenzodioxolylpentanamine (also known as ). (y) 4-Methyl-alpha-pyrrolidinopropiophenone (also known as 4-MePPP and MPPP). (z) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (also known as Ephylone and N-Ethylpentylone). (aa) N-ethylhexedrone. S. B. NO. 2059 - PAGE 17

(bb) alpha-pyrrolidinohexanophenone (also known as alpha-PHP). (cc) 4-methyl-alpha-ethylaminopentiophenone (also known as 4-MEAP). (dd) 4'-methyl-alpha-pyrrolidinohexiophenone (also known as MPHP). (ee) alpha-pyrrolidinoheptaphenone (also known as PV8). (ff) 4-chloro-alpha-pyrrolidinovalerophenone (also known 4-chloro-alpha-PVP). d. . e. Fluoroamphetamine. f. Fluoromethamphetamine. g. (±)cis-4-methylaminorex (also known as (±)cis-4,5-dihydro-4-methyl-5-phenyl-2- oxazolamine). h. N- (also known as BZP, 1-benzylpiperazine). i. N-ethylamphetamine. j. N, N- (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine). k. 1-(4-methoxyphenyl)-N-methylpropan-2-amine (also known as paramethoxymethamphetamine and PMMA). SECTION 3. AMENDMENT. Section 19-03.1-07 of the North Dakota Century Code is amended and reenacted as follows: 19-03.1-07. Schedule II. 1. The controlled substances listed in this section are included in schedule II. 2. Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. 3. Substances, vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: a. Opium and , and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, -derived , , , , , , , 6 beta-naltrexol, and , and and their respective salts, but including the following: (1) Codeine. (2) . (3) . (4) Etorphine hydrochloride. (5) Granulated opium. (6) . S. B. NO. 2059 - PAGE 18

(7) . (8) . (9) Morphine. (10) . (11) Opium extracts. (11)(12) Opium fluid. (12)(13) . (13)(14) . (14)(15) . (15)(16) Powder opium. (16)(17) Raw opium. (17)(18) Thebaine. (18)(19) Tincture of opium. b. Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision a, but not including the isoquinoline of opium. c. Opium poppy and . d. leaves and any salt, compound, derivative, or preparation of coca leaves, including and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the nondosage substances must include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. e. Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrine alkaloids of the opium poppy). 4. Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrophan and excepted: a. . b. Alphaprodine. c. . d. . e. Bulk (nondosage forms). f. . g. . S. B. NO. 2059 - PAGE 19

h. . i. Fentanyl. j. . k. Levo-alphaacetylmethadol (LAAM). l. . m. . n. . o. . p. Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl . q. Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid. r. (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine fumarate). s. (also known as meperidine). s.t. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine. t.u. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate. u.v. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid. v.w. . w.x. Priminodine. x.y. Racemethorphan. y.z. . z.aa. . aa.bb. . bb.cc. . cc.dd. . 5. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: a. Amphetamine, its salts, optical isomers, and salts of its optical isomers. b. , its salts, isomers, and salts of isomers. c. , its salts, isomers, and salts of isomers. d. and its salts. e. . S. B. NO. 2059 - PAGE 20

6. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: a. . b. . c. . d. Phencyclidine. e. . 7. Hallucinogenic substances. a. [another name for nabilone (±)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6, 6-dimethyl-9Hdibenzo [b, d] pyran-9-one]. b. Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the federal food and drug administration. 8. Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances: a. Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some trade or other names: phenyl-2-propanone; P2P, benzyl methyl ; methyl benzyl ketone. b. Immediate precursors to phencyclidine (PCP): (1) 1-phenylcyclohexylamine. (2) 1-piperidinocyclohexanecarbonitrile (PCC). c. Immediate precursors to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP) (1) 4-anilino-N-phenethylpiperidine (ANPP). (2) N -phenyl- N -(piperidin-4-yl)propionamide (norfentanyl) . SECTION 4. AMENDMENT. Section 19-03.1-11 of the North Dakota Century Code is amended and reenacted as follows: 19-03.1-11. Schedule IV. 1. The controlled substances listed in this section are included in schedule IV. 2. Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. 3. drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or , in limited quantities as set forth below: a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. S. B. NO. 2059 - PAGE 21

b. Dextropropoxyphene (also known as alpha-(+)-4-dimethylamino- 1,2-diphenyl-3-methyl- 2-propionoxybutane). c. 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers including . 4. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: a. . b. . c. . d. Brexanolone. e. . e.f. . f.g. . g.h. betaine. h.i. . i.j. . j.k. . k.l. . l.m. . m.n. . n.o. . o.p. . p.q. . q.r. . r.s. . s.t. . t.u. . u.v. . v.w. . w.x. . x.y. . S. B. NO. 2059 - PAGE 22

y.z. . z.aa. . aa.bb. . bb.cc. . cc.dd. . dd.ee. . ff. . ee.gg. . ff.hh. . gg.ii. . hh.jj. . ii.kk. . jj.ll. . kk.mm. . ll.nn. (also known as mephobarbital). mm.oo. . nn.pp. . oo.qq. . pp.rr. Nordiazepam. qq.ss. . rr.tt. . ss.uu. . tt.vv. . uu.ww. . vv.xx. . ww.yy. . xx.zz. . yy.aaa. . zz.bbb. . ccc. . aaa.ddd. . S. B. NO. 2059 - PAGE 23

bbb.eee. . ccc.fff. . ddd.ggg. . eee.hhh. . fff.iii. . 5. . Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: Fenfluramine. 6. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: a. . b. Diethylpropion. c. . d. . e. . f. . g. . h. (including organometallic complexes and chelates thereof). i. . j. . k. . l. . m. SPA ((-)-1-dimethylamino-1, 2-diphenylethane). 7. Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of: a. , including its salts. b. Butorphanol, including its optical isomers. c. (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl] [(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers. 8. The board may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection 2 from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the S. B. NO. 2059 - PAGE 24

admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system. SECTION 5. AMENDMENT. Section 19-03.1-13 of the North Dakota Century Code is amended and reenacted as follows: 19-03.1-13. Schedule V. 1. The controlled substances listed in this section are included in schedule V. 2. Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. 3. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts. 4. Narcotic drugs containing non-narcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which includes one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone. a. Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. b. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. c. Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. d. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. e. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. f. Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. 5. Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible: a. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (also referred to as BRV; UCB-34714; Briviact) (including its salts). b. Cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] ; 2H-tetrazole-2- , alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; (R)-(+)-1- (2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester). c. Ezogabine N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester. c.d. [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]. d.e. Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide]. f. [(S)-3-(aminomethyl)-5-methylhexanoic acid]. S. B. NO. 2059 - PAGE 25

e. Approved drugs. A drug product in finished dosage formulation that has been approved by the federal food and drug administration, which contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent weight for weight residual tetrahydrocannabinols. f.g. [2-[1-(aminomethyl) cyclohexyl] ]. 6. Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: Pyrovalerone. SECTION 6. EMERGENCY. This Act is declared to be an emergency measure. S. B. NO. 2059 - PAGE 26

______President of the Senate Speaker of the House

______Secretary of the Senate Chief Clerk of the House

This certifies that the within bill originated in the Senate of the Sixty-seventh Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No. 2059 and that two-thirds of the members-elect of the Senate voted in favor of said law.

Vote: Yeas 46 Nays 0 Absent 1

______President of the Senate Secretary of the Senate

This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of said law.

Vote: Yeas 90 Nays 0 Absent 3

______Speaker of the House Chief Clerk of the House

Received by the Governor at ______M. on ______, 2021.

Approved at ______M. on ______, 2021.

______Governor

Filed in this office this ______day of ______, 2021, at ______o’clock ______M.

______Secretary of State